Las Palmeras De Ossining Restaurant, Inc v Midway Cente
Motion No: 2011-08196
Slip Opinion No: 2012 NY Slip Op 86495(U)
Decided on October 5, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M144505

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2011-08196, 2012-03223

Las Palmeras De Ossining Restaurant, Inc.,

respondent, v Midway Center Corporation,

appellant.

(Appeal No. 1)

Las Palmeras De Ossining Restaurant, Inc.,

appellant-respondent, v Midway Center

Corporation, respondent-appellant.

(Appeal No. 2)

(Index No. 17824/09)

DECISION & ORDER ON MOTION

Motion by Las Palmeras De Ossining Restaurant, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 26, 2011, and an appeal and cross appeal from an order of the same court entered December 15, 2011, and to calendar the appeals and cross appeal together.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal, and the appeals and cross appeal will be calendared together and will be argued or submitted on the same day.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court